Television Category

Michigan Association of Broadcasters, 2015 Summer Celebration, Shanty Creek Resorts, Bellaire, MI, August 17-19, 2015

Posted August 17, 2015


Nebraska Broadcasters Association, Annual Convention, Ramada Plaza Hotel, Omaha, NE, August 11-12, 2015

Posted August 11, 2015


New Jersey Broadcasters Association, 68th Annual Conference and Gala, Caesars, Atlantic City, NJ, June 17-18, 2015

Posted June 17, 2015


Missouri Broadcasters Association, 2015 MBA Convention & Awards Banquet, Tan-Tar-A-Resort, Osage Beach, MO, June 5-6, 2015

Posted June 5, 2015


Alabama Broadcasters Association, Abby Awards, Hyatt Regency Hotel, Hoover, AL, March 21, 2015

Posted March 21, 2015


Biennial Ownership Reports are due by April 1, 2015 for Noncommercial Radio Stations in Texas and Noncommercial Television Stations in Delaware, Indiana, Kentucky, Pennsylvania, and Tennessee

Scott R. Flick Lauren Lynch Flick

Posted March 20, 2015

By Lauren Lynch Flick and Scott R. Flick

March 2015

The staggered deadlines for noncommercial radio and television stations to file Biennial Ownership Reports remain in effect and are tied to each station's respective license renewal filing deadline.

Noncommercial radio stations licensed to communities in Texas and noncommercial television stations licensed to communities in Delaware, Indiana, Kentucky, Pennsylvania, and Tennessee must electronically file their Biennial Ownership Reports by April 1, 2015. Licensees must file using FCC Form 323-E and must also place the form as filed in their stations' public inspection files. Television stations must assure that a copy of the form is posted to their online public inspection file at https://stations.fcc.gov.

In 2009, the FCC issued a Further Notice of Proposed Rulemaking seeking comments on whether the Commission should adopt a single national filing deadline for all noncommercial radio and television broadcast stations like the one that the FCC has established for all commercial radio and television stations. In January 2013, the FCC renewed that inquiry. Until a decision is reached, noncommercial radio and television stations continue to be required to file their biennial ownership reports every two years by the anniversary date of the station's license renewal application filing deadline.

A PDF version of this article can be found at Biennial Ownership Reports are due by April 1, 2015 for Noncommercial Radio Stations in Texas and Noncommercial Television Stations in Delaware, Indiana, Kentucky, Pennsylvania, and Tennessee.


Annual EEO Public File Report Deadline for Stations in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas

Scott R. Flick Lauren Lynch Flick

Posted March 20, 2015

By Lauren Lynch Flick and Scott R. Flick

March 2015

This Broadcast Station Advisory is directed to radio and television stations in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas, and highlights the upcoming deadlines for compliance with the FCC's EEO Rule.

April 1, 2015 is the deadline for broadcast stations licensed to communities in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas to place their Annual EEO Public File Report in their public inspection file and post the report on their station website.

Under the FCC's EEO Rule, all radio and television station employment units ("SEUs"), regardless of staff size, must afford equal opportunity to all qualified persons and practice nondiscrimination in employment.

In addition, those SEUs with five or more full-time employees ("Nonexempt SEUs") must also comply with the FCC's three-prong outreach requirements. Specifically, Nonexempt SEUs must (i) broadly and inclusively disseminate information about every full-time job opening, except in exigent circumstances, (ii) send notifications of full-time job vacancies to referral organizations that have requested such notification, and (iii) earn a certain minimum number of EEO credits, based on participation in various non-vacancy-specific outreach initiatives ("Menu Options") suggested by the FCC, during each of the two-year segments (four segments total) that comprise a station's eight-year license term. These Menu Option initiatives include, for example, sponsoring job fairs, participating in job fairs, and having an internship program.

Continue reading "Annual EEO Public File Report Deadline for Stations in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas"


2015 First Quarter Issues/Programs List Advisory - Broadcast Stations

Scott R. Flick Lauren Lynch Flick

Posted March 19, 2015

By Lauren Lynch Flick and Scott R. Flick

March 2015

The next Quarterly Issues/Programs List ("Quarterly List") must be placed in stations' public inspection files by April 10, 2015, reflecting information for the months of January, February and March 2015.

Content of the Quarterly List

The FCC requires each broadcast station to air a reasonable amount of programming responsive to significant community needs, issues, and problems as determined by the station. The FCC gives each station the discretion to determine which issues facing the community served by the station are the most significant and how best to respond to them in the station's overall programming.

To demonstrate a station's compliance with this public interest obligation, the FCC requires the station to maintain and place in the public inspection file a Quarterly List reflecting the "station's most significant programming treatment of community issues during the preceding three month period." By its use of the term "most significant," the FCC has noted that stations are not required to list all responsive programming, but only that programming which provided the most significant treatment of the issues identified.

Continue reading "2015 First Quarter Issues/Programs List Advisory - Broadcast Stations"


2015 First Quarter Children's Television Programming Documentation

Scott R. Flick Lauren Lynch Flick

Posted March 19, 2015

By Lauren Lynch Flick and Scott R. Flick

March 2015

The next Children's Television Programming Report must be filed with the FCC and placed in stations' public inspection files by April 10, 2015, reflecting programming aired during the months of January, February and March 2015.

Statutory and Regulatory Requirements

As a result of the Children's Television Act of 1990 ("Act") and the FCC rules adopted under the Act, full power and Class A television stations are required, among other things, to: (1) limit the amount of commercial matter aired during programs originally produced and broadcast for an audience of children 12 years of age and under, and (2) air programming responsive to the educational and informational needs of children 16 years of age and under.

These two obligations, in turn, require broadcasters to comply with two paperwork requirements. Specifically, stations must: (1) place in their online public inspection file one of four prescribed types of documentation demonstrating compliance with the commercial limits in children's television, and (2) submit FCC Form 398, which requests information regarding the educational and informational programming the station has aired for children 16 years of age and under. Form 398 must be filed electronically with the FCC. The FCC automatically places the electronically filed Form 398 filings into the respective station's online public inspection file. However, each station should confirm that has occurred to ensure that its online public inspection file is complete. The base fine for noncompliance with the requirements of the FCC's Children's Television Programming Rule is $10,000.

Continue reading "2015 First Quarter Children's Television Programming Documentation"


New Closed Captioning Rules Take Effect Monday, March 16

Posted March 12, 2015

By Jessica Nyman

As Pillsbury's 2015 Broadcasters' Calendar indicates, new rules relating to closed captioning go into effect on March 16, 2015. The FCC adopted these rules in its February 24, 2014 Closed Captioning Quality Order . They generally concern a station's "quality control" over its program captioning.

As a quick refresher, the Order adopted closed caption quality standards and technical compliance rules to ensure video programming is fully accessible to individuals who are deaf or hard of hearing. In April 2014, the FCC announced a series of effective dates for the requirements in the Order, and in December 2014, it extended a January 15, 2015 deadline for compliance with certain rules to March 16, 2015. The requirements that will go into effect on March 16, 2015 include:

Continue reading "New Closed Captioning Rules Take Effect Monday, March 16"


Michigan Association of Broadcasters, Great Lakes Broadcasting Conference, Lansing Center, Lansing, MI, March 10-11, 2015

Posted March 10, 2015


An Epitaph for Aereo

Scott R. Flick

Posted March 4, 2015

By Scott R. Flick

For a company that could always punch well above its weight in drawing press coverage, Aereo's sale of its assets in bankruptcy last week drew surprisingly little coverage.

Less than a month before last year's Supreme Court decision finding that Aereo's retransmission of broadcast TV signals over the Internet constituted copyright infringement, a Forbes article discussing Aereo's prospects in court noted the company had "a putative valuation of $800 million or so (that could vault up if Aereo wins)." The article went on to note that "It's a tidy business, too, bringing in an estimated $40 million while reaping 77% gross margins ...."

Aereo made its case before a variety of judges and in the court of public opinion that it was an innovative tech company, with a growing patent portfolio and cutting edge technology. When broadcasters argued that Aereo was merely retransmitting broadcast programming to subscribers for a fee without paying copyright holders, Aereo doubled down, arguing before the Supreme Court that it was at the vanguard of cloud computing, and that a decision adverse to Aereo would devastate the world of cloud computing. In a blog post published the day Aereo filed its response brief at the Court, Aereo CEO Chet Kanojia wrote:

If the broadcasters succeed, the consequences to American consumers and the cloud industry are chilling.

The long-standing landmark Second Circuit decision in Cablevision has served as a crucial underpinning to the cloud computing and cloud storage industry. The broadcasters have made clear they are using Aereo as a proxy to attack Cablevision itself. A decision against Aereo would upend and cripple the entire cloud industry.

So Aereo's narrative heading into the Supreme Court was clear: Aereo is a cutting edge technology company that is not in the content business, and a prototypical representative of the cloud computing industry in that industry's first encounter with the Supreme Court.

As CommLawCenter readers know, the Supreme Court rejected that narrative, finding that a principal feature of Aereo's business model was copyright infringement, and the Court saw little difficultly in separating Aereo's activities from that of members of the public storing their own content in the cloud.

The results of Aereo's asset sale reveal much about the accuracy of the Supreme Court's conclusions, and about the true nature of Aereo itself. The value of Aereo's cutting edge technology, patent portfolio, trademark rights, and equipment when sold at auction fell a bit short of last year's $800 million valuation. How much was Aereo worth without broadcast content? As it turns out, a little over $1.5 million. But even that number apparently overstates the value of Aereo's technology as represented by its patent portfolio.

Tivo bought the Aereo trademark, domain names, and customer lists for $1 million, apparently as part of its return to selling broadcast DVRs. Another buyer paid approximately $300,000 for 8,200 slightly-used hard drives.

And the value of the Aereo patent portfolio? $225,000.

To add insult to injury, the patent portfolio was not purchased by a technology company looking to utilize the patents for any Internet video venture. The buyer was RPX, a "patent risk solutions" company. The World Intellectual Property Review quoted an RPX spokesman regarding the purchase, who stated that "RPX is constantly evaluating ways to clear risk on behalf of its more than 200 members. The Aereo bankruptcy afforded RPX a unique opportunity to quickly and decisively remove risk in the media and technology sectors, thus providing another example of the clearinghouse approach at work."

In other words, the Aereo patent portfolio was purchased for its nuisance value, which, having lost the ability to resell broadcast programming, turned out to be all the value Aereo had.


Bringing the FCC's Contest Rule Up to Date

Paul A. Cicelski

Posted February 20, 2015

By: Paul A. Cicelski

It is an unusual occasion indeed when the FCC offers to revise its rules to provide regulatory relief to both television and radio stations. Yet that is precisely what the FCC proposed in a Notice of Proposed Rulemaking (NPRM) to update its station-conducted contest rule to allow broadcasters to post contest rules online rather than broadcast them. As the proposal now stands, stations would no longer need to broadcast the contest rules if they instead announce the full website address where the rules can be found each time they discuss the contest on-air.

The FCC's current contest rule was adopted back in 1976 when broadcasters could only provide contest information via printed copies of the rules available at the station or by announcing the rules over the air. The FCC's existing rule states that broadcasters sponsoring a contest must "fully and accurately disclose the material terms of the contest" on-air, and subsequently conduct the contest substantially as announced. (For a refresher on the contest rule, you can take a look at the Pillsbury Advisory drafted by Scott Flick covering a number of on-air rules, including the contest rule, here). A note to the rule explains that "[t]he material terms should be disclosed periodically by announcements broadcast on the station conducting the contest, but need not be enumerated each time an announcement promoting the contest is broadcast. Disclosure of material terms in a reasonable number of announcements is sufficient." The challenge for broadcasters has been airing the material terms of each station contest on-air a "reasonable number" of times without driving audiences away.

In the NPRM, the FCC acknowledged that things have changed since 1976, and that the Internet is now "an effective tool for distributing information to broadcast audiences." More than three years ago, Entercom Communications filed a Petition for Rulemaking advancing the notion, among others, that the FCC should let broadcasters use their websites to post contest rules instead of having to announce them over the air. Not surprisingly, the Entercom proposal received a great deal of support and it remains unclear why the FCC waited so long to act on it.

The proposed rule would allow stations to satisfy their disclosure obligations by posting contest terms on the station's Internet website, the licensee's website, or if neither the individual station nor the licensee has its own website, any Internet website that is publicly accessible. Material contest terms disclosed online would have to conform with any mentioned on-air, and any changes to the material terms during the course of the contest would have to be fully disclosed on-air and in the rules as posted on the website.

Comments on the FCC's proposals were due this week and it seems most parties are on the same page as the the FCC; namely, that it is the 21st century and the contest rule should be modernized to keep up with the times. In fact, Entercom in its comments asks the Commission to permit stations to announce contest website information an average of three times per day during a contest as an effective way to announce contest information to to public.

While this is generally good news for broadcasters, there is a catch or two. Under the new rule, stations that choose to disclose their contest rules online would be required to announce on-air that the rules are accessible online, and would also be required to announce the "complete, direct website address where the terms are posted ... each time the station mentions or advertises the contest." For stations that promote (or even mention) their contests frequently, this could become a pain really quickly, for both the station and their audience. Listening to a complete and lengthy URL "each time" anything regarding the contest is uttered on the air will grow old fast. There is a reason you rarely hear an ad that contains more than just the advertiser's domain name, as opposed to the full address for a particular link from that domain. Advertisers know that people will remember a home page domain name much better than a full URL address, and that the full URL address will only cause the audience to tune out, both literally and figuratively.

In light of these concerns, Pillsbury submitted comments this week on behalf of all fifty State Broadcasters Associations urging the Commission to simplify matters by exempting passing on-air references to a contest from any requirement to announce the contest rules' web address. Additionally, rather than require the broadcast of a "complete and direct website address," which is typically a lengthy and easily forgettable string of letters and punctuation, the State Broadcasters Associations' comments urged that the rule only require stations to announce the address of the website's home page, where a link to the contest rules can be found. Those on the Internet understand quite well how to navigate a website, and will have little difficulty locating contest rules, either through a direct link or by using a site's search function.

As Lauren Lynch Flick, the head of Pillsbury's Contests & Sweepstakes practice, noted in a November 2014 post, station contests also must abide by applicable state law requirements. In that vein, the State Broadcasters Associations reminded the Commission that any FCC micro-management of the manner or format of a station's online contest rule disclosures could subject stations to dueling federal and state requirements with no countervailing benefit. As pointed out in her post, an improperly conducted contest can subject a station to far greater liability under consumer protection laws and state and federal gambling laws than the typical $4,000 fine issued by the FCC for a contest violation. As a result, broadcasters need no further incentives to make sure their contests are fairly run and their rules fully disclosed to potential entrants.

In short, the FCC has an opportunity to ease the burden on both broadcasters and their audiences by allowing stations the flexibility to elect to make their contest rule disclosures online. The FCC shouldn't diminish the benefit to be gained by reflexively imposing unnecessary restrictions on that flexibility.


FCC Form 323-E Biennial Ownership Report Due

Posted February 1, 2015

Noncommercial television stations licensed to communities in Arkansas, Louisiana, Mississippi, New Jersey, and New York, and noncommercial radio stations licensed to communities in Kansas, Nebraska, and Oklahoma (other than sole proprietorships or partnerships composed entirely of natural persons) must electronically file by this date their biennial ownership reports on FCC Form 323-E, unless they have consolidated this filing date with that of other commonly owned stations licensed to communities in other states. FCC Form 323-E does not require a filing fee. The form as filed must be placed in stations' public inspection files. Note that because this filing deadline falls on a weekend, the submission of this item to the FCC may be made on February 2.


Annual EEO Public File Report Required

Posted February 1, 2015

Station Employment Units that have five or more full-time employees and are comprised of radio and/or television stations licensed to communities in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, or Oklahoma must by this date place in their public inspection file and post on their station website a report regarding station compliance with the FCC's EEO Rule during the period February 1, 2014 through January 31, 2015. A more detailed review of station EEO obligations and the steps for implementing an effective EEO program can be found in our most recent EEO Advisory.